RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  01-01805
                 INDEX CODE:  110.03
                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be reinstated in the Air Force Reserve.
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APPLICANT CONTENDS THAT:

He was the recipient of cruel and unusual punishment, unlawful  prosecution,
denial of an attorney prior to  conviction,  constitutional  violations  and
conspiracy to defraud the government and the denial of due process.

In support of his application, he submits  a  13  page  personal  statement,
copies of DD Form 293, Application for the Review of Discharge or  Dismissal
from the Armed Forces of the United States and DD Form 214,  Certificate  of
Release  or  Discharge  from  Active   Duty.    The   applicant’s   complete
submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant contracted his initial enlistment in the Regular Air Force  on
27 January 1961.  He  continued  to  serve  on  active  duty  until  he  was
honorably discharged  on  26  January  1965.   He  was  transferred  to  the
inactive reserve with obligated service until 26 January 1967.

The applicant enlisted as an Airman First Class in Reserve of the Air  Force
on 29 September 1986.  He was promoted to the rank  of  staff  sergeant  and
entered his most recent enlistment on 21 October 1994  for  a  period  of  6
years.  On 15  December  1996  he  received  a  Letter  of  Reprimand  (LOR)
regarding his delinquent Government American Express account in  the  amount
of $1,186.47.  He received a second LOR on 9 February 1997  for  failing  to
obey a direct order to repay his debt.   On  21  March  1997  his  commander
recommended him for demotion to Senior Airman and on  7  May  1997  demotion
action was approved.  On  16  May  1997  his  commander  recommended  he  be
separated with a general discharge for Misconduct, Commission of  a  Serious
Offense, Other Serious Offense, under AFI 36-3209,  paragraph  3.21.3.4.   A
legal review of the discharge action was conducted on 27 September 1997  and
file was found to be legally sufficient.  On 11 December 1997, HQ AFRC  sent
a Letter of Notification of Separation Action (LON)  to  the  applicant  who
acknowledged notification and requested a discharge board  by  letter  dated
16 December 1997.

A discharge board was initially scheduled for 2 April 1998,  however,  on  2
April 1998 the applicant released his counsel and a  delay  was  granted  to
allow him to seek new counsel.  On 6 May 1998 the applicant was notified  of
his new counsel and the new board date.  He failed to make contact with  his
new counsel and on 23 June 1998 the board was held without the  presence  of
the applicant or his counsel.  The board recommended that the  applicant  be
separated from the Air Force Reserve and issued a  general  discharge.   The
discharge authority approved the applicant’s  separation  from  the  Reserve
with a general (under honorable conditions)  discharge  effective  5  August
1998.
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AIR FORCE EVALUATION:

AFRC/JAJ recommended the application be denied.  JAJ stated  that  the  case
review go to the equity and  the  merits  of  the  claims,  not  merely  the
technical aspects of  the  case.   JAJ  reviewed  the  file  to  ensure  the
applicant was treated fairly and equitably, and his rights  protected.   JAJ
is confident that the Government treated the applicant fairly at all  stages
of the case.  The inescapable fact is that the applicant refused to pay  his
American Express debt.  He also refused to  respond  to  the  LORs,  to  the
demotion notice, and to discharge action, despite requesting a  board.   The
applicant apparently believed that his American Express debt  was  merely  a
private financial matter, in which the Government had no  right  to  meddle.
In this vein,  the  applicant  ignored  all  efforts  to  encourage  him  to
recognize and satisfy  his  debt.   JAJ  states  that  it  is  clear  beyond
peradventure that the equities in this case fall almost exclusively  on  the
side of the Government, not the applicant (Exhibit C).

The Director of Personnel, AFRC/DPZ, reviewed the case  and  was  unable  to
find any information to support  the  applicant’s  claims  outlined  in  his
request for relief.  DPZ referred to the JAJ review of the case for  support
of their position on the matter and recommended denial  of  the  applicant’s
request (Exhibit D).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force Evaluations were  forwarded  to  the  applicant  for
review and response.  As of this date, this office has received no  response
(Exhibit E).

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  The basis for the  initiation  of
demotion and discharge proceedings in this case is well  documented  in  the
available record.  Other than his own assertions, we have seen  no  evidence
by the applicant showing that the  information  contained  in  his  file  is
erroneous, his substantial  rights  were  violated,  his  commanders  abused
their discretionary authority, or that he  was  the  victim  of  inequitable
treatment.  In the absence of such evidence, we agree with the  opinion  set
forth in the JAJ advisory and conclude the applicant has failed  to  sustain
his burden for providing a showing of error or injustice.  Accordingly,  the
applicant’s request is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  that  the  application  will
only be reconsidered  upon  the  submission  of  newly  discovered  relevant
evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 27 November 2001, under the provisions of AFI 36-2603:

      Mr. Patrick R. Wheeler, Panel Chair
      Mr. Billy C. Baxter, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Jan 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/JAJ, dated 7 Sep 01.
    Exhibit D.  Letter, AFRC/DPZ, dated 24 Sep 01.
    Exhibit E.  Letter, SAF/MIBR, dated 19 Oct 01.



                                   PATRICK R. WHEELER
                                   Panel Chair